§ 2-105. Plenary proceeding  


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  •    (a) Determination of an issue of fact. -- In a controversy in the court, an issue of fact may be determined by the court.

    (b) Transfer of determination to law court. -- At the request of an interested person made within the time determined by the court, the issue of fact may be determined by a court of law. When the request is made before the court has determined the issue of fact, the court shall transmit the issue to a court of law.

    (c) Order based on determination. -- After the determination of the issue, whether by the court or after transmission to a court of law, the court shall enter an appropriate judgment or decree.

    (d) Exception. -- This section does not apply where the estate is administered under the jurisdiction of a court having general equity jurisdiction.


HISTORY: An. Code 1957, art. 93, § 2-105; 1974, ch. 11, § 2; 2013, chs. 485, 486.